Diversified Architectural Experience

There has been so much talk with regards to the requirement for diversified architectural experience before one can take the board exams.

At present, the two years diversified experience is counted AFTER graduating from college, meaning five years (or more?) of BS Architecture and another two years of work training. This requirement is as per the IRR of RA 9266 which defines "diversified architectural experience" as a POST-baccalaureate, pre-licensure experience of two (2) years required of a graduate of architecture prior to taking the licensure examination; consisting of a variation of experiences in the different phases of architectural service.

Sec. 13 of RA9266 provides the qualifications of applicant for examination. Paragraph (c) states that "he/she is a holder of a degree of Bachelor of Science in Architecture conferred by a school, college, cademy or institute, duly recognized and /or accredited by the Commission on Higher Education (CHED) and IN ADDITION has a specific record of at least two (2) years or equivalent of diversified architectural experience duly certified by a registered/licensed architect; Provided, however, that an applicant holding a Master's Degree in Architecture from a school, college, university, or institute recognized by the government shall be credited one (1) year in his/her practical experience." (Note: the law did not define diversified architectural experience)

The IRR (Implementing Rules and Regulations) of RA 9266 was promulgated by the Board of Architecture in Resolution No.2 Series of 2004 under then BOA Chair Ar. Eugene Gan and members Ar. Fernando Santos and Ar. Miguel Caluza.

This is in accordance with Sec. 41 of RA 9266 Final Provisions: Implementing Rules and Regulations - Within 60 days after the effectivity of this Act, the Board, subject to the approval of the Commission and in coordination with the integrated and accredited professional organization shall adopt and promulgate such rules and regulations, Code f Ethical Conduct and Standards of Professional Practice, to carry out the provisions of this Act and which shall be effective fifteen (15)days following their publication oin the Official Gazette or in two major daily newspaper of national circulation."

Generally, rules and regulations are imperative because Congress cannot conceivably provide all necessary details in the enforcement of a particular law. Note that the IRR is just an administrative act to interpret the law which is RA9266 and since the construction of a statute by those administering it is not binding on their successors, the BOA can revoke the IRR and formulate a new one in accord with Sec. 41 of RA9266 (note italics in red).

The question now is whether the two years diversified experience is to be counted after graduation or can start counting the moment the applicant starts getting work training even during college.

What is your interpretation of the phrase "IN ADDITION" of Sec. 14 of RA9266?

Please post your comments.

Writ of Preliminary Injunction on IRR of PD1096 Lifted

Good News for Architects!

The Writ of Preliminary Injunction issued by the Court last June 1, 2005 on the provisions of the IRR of PD 1096 or the National Building Code, particularly Section 302(3) in relation to Section 302(4) was finally DISSOLVED by the Regional Trial Court Branch 22 in Manila. The court found the questioned provisions neither invalid nor unconstituional, and finding the petition devoid of merit, the petition was dismissed and the writ finally lifted and dissolved.

PETITIONERS CONTENTIONS and COURT RULINGS:

Petitioners asserted that "the case is about the practice of civil engineering because it assailed provisions restricting their practice..."

- Court rules that "the thrust of the petition is to invalidate the provisions of the revised IRR that are beneficial to the practice of architecture..."

Petitioners claimed that the asailed provisions of the revised IRR supplanted the NBC and the Civil Engineering Law, claiming that civil engineers have the right to prepare, sign and seal building plans including architectural documents required to be submitted in applying for building permits. This claim was based mainly on the version of Atty. Vicente Foz 2005 edition of "the National Building Code and its IRR" wherein he also cited cited "licensed architect or civil engineer in case of architectural and structural plans.
- Court ruled that the official and correct version of the law, as appearing in the Official Gazette and as found in the Malacanang Records office does not state the clause mentioned in Vicente Foz's version and so petitioners cannot invoke Section 302 of PD 1096 as the legal basis to justify their claim that civil engineers can prepare, sign and seal architectural plans.

Petitioners asserted that "the new IRR, if implemented, will arbitrarily deprived the civil engineers of their right to due process and equal protection of the law", assailing that civil engineers will be barred from preparing, signing and sealing plans and specifications enumerated in Section 302(4) of the IRR, and will deprived them of their right to practice part of their profession which they have been exercising fr more than a century. They also added that provisions of the IRR violate the due process clause of the Constitution and "constitute constraint of trade and of the profession of civil engineers".
- Court decided that "Section 2 and 23, Article 1 of RA 544 (the Civil Engineering Law) do not state in clear and unequivocal language that civil engineers can prepare, sign and seal architectural documents. It further said that "there is nothing in either the Civil Engineering Law or the Revised IRR of PD1096 that would indicate that the same "plans" enumerated under section 302(4) of the Revised IRR are the plans mentioned in Section 2 and 23 of RA544".

Petitioners claim that "any plan remotely connected with the construction of a building is covered by the practice of civil engineering"
-Court stated that the claim is "absurd", adding that under such interpretation, then "civil engineers also will be allowed to sign electrical, mechanical, sanitary, etc. documents, which is beyond their scope of practice and constitutes an overlapping of the different professions".

Petitioners argued that section 43 of RA9266 (New Architecture Law) provides that "this Act shall not be construed to affect or prevent the practice of any other legally recognized professions" and prescribes exercise by non-architects (especially civil engineers) of functions exclusively granted to architects, i.e., the preparation, signing and sealing of architectural documents.

-Court decided that Sec. 3 and 4 of RA9266 clearly indicate that the preparation and signing of "architectural documents" mentioned in the assailed provision in the revised IRR is within the scope of the practice of architecture, while Section 25 provides "as to who are qualified to practice architecture in the country". Section 20(5) of RA9266 states that "all architectural plans, designs, specifications, drawings and architectural documents relative to the construction of a building shall bear the seal and signature only of an architect registered and licensed under this Act together with his/her professional identification card number and the date of expiration".

The writ was filed by Felipe F. Cruz Sr. and David M. Consunji against the Secretary of Public Works and Highways.

Feng-shui and architecture

Feng-shui has recently become an important element in building design. I have been using some basic feng-shui strategies in my previous small residential projects, which are also known to many designers and clients alike, like number of stair steps, door locations and toilet layout.
My recent project in Davao City is my first encounter with how feng-shui could really make a huge impact in the design and lay-out of the building. It has made designing more difficult and should I say challenging?
Here are some of the requirements by the feng-shui master imported from Hongkong by the owner:
1. Originally, the lay-out of the residential suites had the T&B and kitchen areas fronting the hallway at the middle so as to have terraces and wide windows on the exterior of the units. It was suggested by the feng-shui master to have the service areas facing the exterior. (see picture at the 4th level).
2. Location of the transformer is at the right-most side of the building near the power lines at the main road. It was suggested to have that relocated at the corner of the site as the only possible location. (picture shows base of signage tower as transformer room. However, recently, the feng-shui expert agreed to have it at the left-most side of the building, so as there is no obstruction of views at the corner. The signage tower is also to be relocated)
3. If you're wondering why most buildings have rounded corners, then here's another example
4. No toilets shall be placed when there's a door or passageway on the floor below it.
5. Dirty water (septic tanks) shall be placed at the left side of the site and clean water (cistern) placed at the right side of the site.
6. Doors at two separate rooms shall not be oriented like a butterfly, meaning one door swings left and the other swings right.
7. Kitchen locations were also suggested to future tenants of the ground floor rentable spaces.
And there's a lot more minor requirements, including of course, the stairs.
The feng-shui master made a warning that if the suggestions were not followed, the business will last only a maximum of seven years!
So from now on, I will be using these suggestions in all of my projects especially commercial projects! How about you?

Why a service contract is necessary!

This happened way back in 2004, a few years after coming back from abroad and starting to establish a practice here. After completing my second scheme for a residential project in Davao and about to bill my client for the services rendered for the particular phase in my architectural service, I was shocked to know that the client is not yet sure of getting my services and won't be paying for what I have produced. Earlier meetings indicate that I'm the only one they are talking to and so I proceeded with the drawings after emailing to them my proposal.

A week after that, they requested me to submit the drawings. Since the contract is still under review I indicated to them that I don't usually submit drawings before a downpayment is made and contract signed - but because the client is in Davao and I only travel there once a month and also because the client is rushing about the project, I made an exception to my policy. We communicated thru email and text and after submitting the first scheme they again asked for a revision to suit what they wanted.

The contract which I provided them shows the different stages in the professional services to be rendered. It clearly outlines the donwpayment to be made before submission of the schematic designs (stage1). Upon completion, the next stage will be the design development phase wherein comments made in the first stage shall be incorporated in the design. This will entail more details as this will be the basis of the final design to be worked on in the contract document phase (stage 3). In this stage, all the required drawings and documents necessary for contruction shall be prepared. As such, there should be no more changes in this stage as much as possible. The final stage is of course the construction phase. In our initial meeting, I have explained to them that design is a process and that the final design will evolve from a series of consultations with them.

The new Architecture Act of 2004, RA 9266, prohibits architects from submitting drawings or sketches without the benefit of a service contract. It also prohibits clients from soliciting drawings from architects without a contract. Although that is very clear, sometimes you have to make some adjustments depending on the situation. Mine is because of the distance. But this adjustment caused me manhours lost and also money to pay the salary of my staff.

Clients sometimes don't realize that what they are asking from architects are not done overnight. Many clients still perceive design as just series of horizontal and vertical lines that are easily drawn on a piece of paper. Many still are not aware of the process involved and the difficulty in translating the likes and needs of the user and how to suit them in a particular location. This is the most difficult part as sometimes, the demands of the client are sometimes impossible. But as architects like to be challenged, they would spend sleepless nights thinking of the best solution. Conceptualizing all the pieces together is the most nerve-wracking part in the design process. But then, once you are through with this, it's smooth sailing already.

Well I guess, I have to treat this one as a learning experience. Never produce a drawing without a signed contract....